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(영문) 서울중앙지방법원 2016.10.05 2015가합580348
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 550,000,000 won and each year from February 12, 2016 to October 5, 2016.

Reasons

1. Basic facts

A. On June 1, 2013, Defendant B agreed to pay KRW 600 million to the Plaintiff at the rate of 8.5% per annum until May 31, 2015, and Defendant D and C jointly and severally guaranteed the said obligation.

(B) The Defendants’ obligations under the foregoing agreement are “the obligation of the borrowed money of this case” (hereinafter “the obligation”).

On September 14, 2015 and the Plaintiff “1. Defendant C, on June 1, 2013, agreed to pay to the Plaintiff a total of KRW 790 million,00,000,000,000,000,000 for the principal and interest of the monetary loan agreement concluded as of June 1, 2013, the Plaintiff agreed to pay on behalf of the Plaintiff KRW 79,00,00,000,000, out of the purchase price under the Seoul Jongno-gu E Land and Building sales contract. The Plaintiff recognizes that the ownership transfer registration of real estate is completed in the future of the Plaintiff, and at the same time the principal and interest under the monetary loan agreement was paid in full. 3. The principal of the monetary loan loan agreement concluded as of March 1, 2013 is the balance after repayment of KRW 1.2 billion, and the interest is the interest for the last three years.”

C. The Defendants paid to the Plaintiff KRW 247,200,000,000,000 on December 9, 2015, KRW 20 million on December 21, 2015, and KRW 207,200,00 on February 11, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the agreement between the Plaintiff and the Defendant C on September 14, 2015 (hereinafter “instant agreement”), the principal of the instant loan was increased to KRW 790 million, and thereafter, the Defendants were paid KRW 240 million from the Defendants the principal amount of the loan amount to KRW 550 million (= KRW 790 million - KRW 240 million), and the Defendants are obliged to pay the principal of the instant loan amount to KRW 50 million (= KRW 790 million - KRW 240 million) and delay damages therefrom.

B. The summary of the defendants' assertion is that the defendants set forth the amount to be paid to the seller of the sales contract that the plaintiff concluded by the agreement of this case.

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